judgment

S.B. Sinha, J. —

1.Leave granted.

2.This appeal is directed against a judgment and order dated 22.12.2006 passed by a Division Bench of the Patna High Court allowing the appeals preferred by the respondents herein and dismissing the criminal revision filed by the appellants herein.

3.The factual matrix of the matter, as stated in the First Information Report, is that at about 12.30 pm on 3.2.1994, the informant, Prakash Chandra Yadav (PW-10) went to Railway Authority Club, Jamalpur to receive the Chief Railway Engineer, Eastern Railway Gorakhpur and Additional Divisional Engineer, Sonepur. He waited for the said officers but having come to learn that they would come later, left the club for his home at about 3.15 pm by his motorcycle. Mantu Kumar (PW-7) was with him on the said motorcycle.

4.Accused, Shyamdeo, named in the First Information Report as also one unknown man, were standing on the road and were allegedly noticed by the informant after coming out of the southern gate of the club. When they were proceeding towards the west, Shyamdeo ordered to kill the informant whereupon Janardan Yadav took out a bomb from his bag and hurled the same towards them. It, however, did